Collaboration for the Continuous Improvement of Juvenile Justice in Indonesia

Posted Under Access to Justice SPPA

Since the Law number 11 year 2012 on Juvenile Justice System (JJS Law) was administered on 2014, Indonesia went through several improvements in the juvenile justice implementation. The developments are shown in the raising number of diversion for children in conflict with law, from 7 percent in August 2014 to an average 50 percent each month. The number of children who are criminally convicted decreased from 60 percent to under 40 percent each month. While the number children in the prison (both in LPKA or prison) decreased from above 3500 to around 2000 children.

JJS Law mandated the government to establish six government regulations and two president regulations, one year after the Law administered. Five years after the Law administered (2019), all personnel (investigators, prosecutors, judges, correctional officers and social worker who are working on children cases) supposed to underwent integrated training. LPKA (Lembaga Pembinaan Khusus Anak/Child Development Agency) should have been established in every provinces and LPAS (Lembaga Penempatan Anak Sementara/Child Temporary Placement Agency) and LPKS (Lembaga Penyelenggaraan Kesejahteraan Social/Social Welfare Agency) duly built in every districts.

However, there are obligations and challenges that the government has to overcome. There are still four more government regulations and one president regulation that need to be done despite the fact that the Law has been around for four years. There are only four percent trained law enforcement officials, from the total of 21.000, that already went through the integrated juvenile justice training. In the implementation of juvenile justice system, it was observed that there are children being detained or imprisoned with adults, without separate room or block. The diversion process observed is not always in accordance with the law, high number of deprivation of liberty by placing children in closed-social facilities (LPKS), and limited support for social rehabilitation and reintegration for children after being diverted or went through detention.

BAPPENAS, PUSKAPA, and UNICEF are working to ensure that the challenges are being resolved through the Workshop of Juvenile Justice System Implementation Review to discuss and establish strategic steps in the implementation of juvenile justice system. The workshop was held on December 8th, 2016 in Aryaduta Hotel, involving related ministries, agencies, CSOs, and research centers.

The workshop started with the presentation of JJS coordination meeting result and the documentation, observation result, and experiences both from the regional and local level. The presentation was followed with group discussions to explore the important issues that has to be addressed such as children’s reintegration and rehabilitation after diversion, alternative to deprivation of liberty and probations, and the placement of children outside LPKA/LPAS/LPKS.

The discussion was facilitated by PUSKAPA and RWI in three groups that resulted in follow-up recommendations for studies and legislations, capacity building, coordination, and budgeting to be proposed to related ministries and agencies such as Ministry of Women Empowerment and Child Protection, Supreme Court, Ministry of Law and Human Rights, and all parties who have roles in the implementation of JJS Law. This recommendation is expected to be an input for those who are building government and president regulations for JJS Law.